Attorneys offer advice on student discipline

Behavior management in the classroom is often challenging, but can become particularly problematic when students with disabilities are involved.

Failing to comply with the discipline provisions in the Individuals with Disabilities Education Act (IDEA), district officials could be costly, a panel of attorneys said during a session Saturday at the School Law Seminar. For example, a court recently ordered an Iowa school to pay $50,000 in attorneys’ fees to the parents of a student with autism who was inappropriately placed in a time-out room for hours.

Panel members Mary Jo Dare of Washington, D.C., Edward A. Sullivan III and Amy M. Steketee of South Bend, Ind., and Allison S. Fetter-Harriott of Indianapolis suggested several preventative strategies during the session. For example, teachers should set reasonable classroom norms or rules for all students, stated in positive terms.

The panelists suggested the following strategies for dealing with disabled students who exhibit chronic behavior problems:

• Designate a support person who will check in regularly with a student or will be available if the student needs a “cool-down” period.
• Adjust either the timing or content of the student’s academic schedule to reduce stress and anxiety.
• Teach the student relaxation techniques.
• Allow the student to take a time out when needed to cool down or regroup.
• Develop a crisis plan that outlines procedures for responding to the student’s misbehavior and provide training in non-aversive behavior management to all responders.
• Provide counseling, mentoring, or intense social skills training.
• Provide “wrap-around services” to support the student and family at home and in the community through a variety of agencies.

IDEA permits school officials to remove a student with a disability for up to 10 days for misbehavior. Any time a student is removed for more than 10 days, the student must receive educational services.

In-school or partial-day suspensions would be considered “removals” if the student is not given appropriate education services, so school officials need to carefully document these instances to ensure the removals do not inadvertently accumulate to 10 days.

Removal of a child for more than 10 consecutive days or through a “pattern” of removals constitutes a “change of placement.” This triggers a series of legal requirements, including parental notice, a “manifestation determination conference,” and a behavior intervention plan.

The manifestation determination conference must occur within 10 school days of the decision to change the child’s placement. During this meeting, the child’s individual education plan (IEP) team must determine whether the student’s disability is connected to his or her conduct on the day of the incident or whether the misbehavior resulted from the school’s failure to follow the IEP.

If the answer to both questions is “no,” the district can discipline the child in the same manner it would discipline nondisabled students. If the IEP team determines the misbehavior is a manifestation of the child’s disability, the student must be returned to his or initial placement and must develop a new behavior intervention plan or revise one that already exists.

IDEA allows an exception to these requirements: A student with a disability who brings a dangerous weapon or drugs to school or causes serious bodily injury can be unilaterally placed in an interim alternative educational setting for up to 45 days—even if the misbehavior is a manifestation of the disability.

 “Because the law can be intricate and unforgiving,” the presenters encouraged school leaders to seek good training and counsel in drafting discipline policies, developing IEPs and behavior intervention strategies, and carrying out disciplinary action.